Drug Charges Overview
The individual is facing charges at a local Magistrates' Court related to possession of a small amount of Class B drugs and possession with intent to supply (PWITS). They have already entered a guilty plea for the possession charge, and the next hearing is set for a date in 2025. The individual plans to emigrate to Australia and believes the PWITS charge may be dropped, aiming to expedite the case by accepting the possession charge while seeking dismissal of the PWITS charge. They have character references and employment opportunities in Australia, but the ongoing court case may impact their plans. They are looking for guidance on how to potentially fast-track the legal proceedings.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan the charge of possession with intent to supply be reduced to simple possession if I provide character references and evidence of employment opportunities?
Reducing a PWITS charge to simple possession depends on various factors, including the evidence available and the prosecution's discretion. Submitting character references and evidence of employment may be beneficial; however, these alone may not guarantee a reduction. The prosecution evaluates the strength of the evidence and the public interest in pursuing the charge. It's advisable to have legal representation negotiate with the prosecution regarding personal circumstances and mitigating factors.
What is the likelihood of the court dropping the PWITS charge, and how might my guilty plea to the possession charge influence this?
The likelihood of the court dropping the PWITS charge depends on several factors, including the evidence against you and any mitigating circumstances you present. A guilty plea to possession may be seen as a mitigating factor, potentially leading to a more lenient sentence, but does not ensure that the PWITS charge will be dropped. Presenting strong character references and showing stable employment prospects may assist in negotiating a plea deal.
Are there legal implications or restrictions on my ability to emigrate to Australia with a guilty plea or conviction for possession of a controlled substance?
A conviction or guilty plea for possession of a controlled substance might impact your ability to emigrate to Australia. Australian immigration law requires passing a character test, which includes consideration of criminal convictions. A drug-related offence could influence the outcome. Each visa application is assessed on a case-by-case basis, so it is advisable to consult with an immigration specialist familiar with Australian law.
Is it possible to expedite the trial process at the Magistrates' Court, and what steps would need to be taken?
To expedite the trial process at the Magistrates' Court, you can request an early hearing through your lawyer. This involves contacting the court to see if a sooner date can be allocated. Engaging in plea bargaining may also be an option, where you agree to plead guilty to a lesser charge if the prosecution drops the more serious charge. Presenting evidence of character and employment opportunities could also demonstrate your motivation for a quick resolution.
How might a conviction for possession of a Class B drug affect my employment and visa applications for Australia?
A conviction for possession of a Class B drug may significantly affect employment and visa applications for Australia. Visa laws require disclosure of criminal convictions and assess character under the Migration Act. A conviction could lead to complications during the character test phase, and employers may conduct background checks, influencing hiring decisions. Providing thorough documentation and character references may help mitigate adverse outcomes.
